Students seek higher court intervention for college tuition refunds during COVID-19.
A Battle for Refunds: College Students Sue Universities Over Pandemic Lockdowns
A series of lawsuits filed by college students seeking refunds for tuition and other fees due to the 2020 COVID-19 pandemic lockdowns have sparked a legal battle across the country. These students argue that universities failed to fulfill their contractual obligations when they switched to remote instruction, and therefore, they deserve a partial refund of their tuition and room and board fees.
However, the outcomes of these cases have been far from consistent. While some schools have chosen to settle with students outside of court, the lawsuits have produced mixed results. Kristen Cardoso, an attorney at the Florida-based law firm Kopelowitz Ostrow Ferguson Weiselberg Gilbert, which has represented students in several cases, describes the legal landscape as confusing.
“The decisions are going all over the place,” she said. “It could be something that could eventually, I think, be an appellate issue for the Supreme Court if states are trying to impose these restrictions against litigants — in this case, students — from enforcing contracts that they make with a university.”
One factor contributing to the inconsistent outcomes is the issue of sovereign immunity, which public universities have used to dismiss the cases. Additionally, some states have introduced legislation to protect schools from breach of contract claims. The complexity of the situation may eventually require the Supreme Court to intervene.
While not involved in the college lawsuits, Karen Harned, a business law attorney and president of Harned Strategies, acknowledges that students have a valid argument. She points out that online universities have existed for some time, but students chose traditional universities for a reason. They can legitimately claim that they did not receive the full benefits of their tuition and fees, as they are not getting the complete college experience.
Nate Fink, a partner at the Michigan-based law firm Fink Bressack, believes that the tide is turning in favor of students as more appeals court rulings are issued. His firm recently argued a case before the Michigan Supreme Court, seeking refunds for students who attended school during the lockdowns.
“Fundamentally, we think that our message that students shouldn’t have to pay for what they didn’t receive is something that hopefully the justices agree with,” Fink said.
Fink also highlights the fact that universities received significant relief funds from the federal government through the CARES Act, but failed to extend financial support to students while continuing to charge regular tuition rates.
“We think that’s very relevant,” he said. “We don’t take issue with the fact that they got those funds, but the fact that they didn’t pass along some of that money to struggling college students and instead use it for other purposes, we don’t think it’s fair.”
As the legal battle rages on, college students across the country eagerly await a resolution that could potentially reshape the relationship between universities and their students.
Sources:
How have universities responded to students seeking refunds for tuition and fees due to the shift to remote learning during the pandemic?
Vene and provide clarity on the matter.
The pandemic lockdowns in 2020 led to a sudden shift in education, with universities transitioning from in-person instruction to remote learning. For many students, this change was accompanied by a reduced quality of education and limited access to campus facilities, prompting them to seek refunds for tuition and other fees. However, universities have been hesitant to provide refunds, leading to a surge in lawsuits across the country.
Students argue that universities failed to fulfill their contractual obligations when they switched to remote instruction. They argue that they did not receive the same level of education or access to resources that they were promised when they enrolled. As a result, they believe they deserve a partial refund of their tuition and fees.
While some universities have chosen to settle with students outside of court, the outcomes of these cases have been inconsistent. Some courts have ruled in favor of the students, ordering universities to refund a portion of the tuition and fees. Others have sided with the universities, dismissing the cases based on the issue of sovereign immunity.
Sovereign immunity refers to the legal doctrine that protects government entities, including public universities, from being sued without their consent. Many public universities have used this defense to argue that they cannot be held liable for the changes made during the pandemic. Additionally, some states have introduced legislation to specifically protect schools from breach of contract claims related to the pandemic.
This complex legal landscape has created confusion and uncertainty for both students and universities. Kristen Cardoso, an attorney at the law firm Kopelowitz Ostrow Ferguson Weiselberg Gilbert, which has represented students in several cases, describes the situation as unclear.
“The decisions in these cases are going all over the place,” she said. “It could eventually become an appellate issue for the Supreme Court if states are trying to impose these restrictions against litigants, in this case, students, from enforcing contracts that they make with a university.”
Given the inconsistent outcomes and the complexity of the legal issues involved, it is possible that the Supreme Court may need to intervene and provide clarity. The resolution of these cases has significant implications for both students and universities, as it will establish precedent for future disputes regarding contractual obligations during extraordinary circumstances. It remains to be seen how these lawsuits will ultimately be resolved and what impact they will have on the educational landscape in the aftermath of the pandemic.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
